Due Process to Obtainan Arrest warrant

[TroyHills]

What is the name of your state? NJ

I had an incident over the weekend where someone vandalized my vehicle, so I was discussing with the folks at the office the process of getting an arrest warrant for a suspect. This forum has been super in addressing my concerns yesterday, so I post the following questions for our judge panel:

1. Can an arrest warrant be issued in absence of an address, DOB and/or SSN? How would they identify the right person in the event of a traffic or other stops?

2. If preliminary information about the identity of the suspect is available, but positive identification has not been made, would the judge issue a warrant.

3. Can a suspect be summoned for identification by a witness? what is the due process for this?

I thought I will get the correct answers, then impress everyone before I tell them about my impressive judge panel. Thank you all.

 

[moburkes]

What is the name of your state? NJ

I had an incident over the weekend where someone vandalized my vehicle, so I was discussing with the folks at the office the process of getting an arrest warrant for a suspect. This forum has been super in addressing my concerns yesterday, so I post the following questions for our judge panel:

1. Can an arrest warrant be issued in absence of an address, DOB and/or SSN? How would they identify the right person in the event of a traffic or other stops?

2. If preliminary information about the identity of the suspect is available, but positive identification has not been made, would the judge issue a warrant.

3. Can a suspect be summoned for identification by a witness? what is the due process for this?

I thought I will get the correct answers, then impress everyone before I tell them about my impressive judge panel. Thank you all.

Please rewrite (cut/paste) these questions in your original thread. That way people will not have to ask questions over again, that you've already answered (in the other thread). Thanks!!

(Then you can delete or close this thread).

 

[fairisfair]

I remember your post, you had no proof that the person you had an earlier altercation with is the one that vandalized your car. The court is not going to issue a warrant based on your assumptions.

 

[CdwJava]

I had an incident over the weekend where someone vandalized my vehicle, so I was discussing with the folks at the office the process of getting an arrest warrant for a suspect. This forum has been super in addressing my concerns yesterday, so I post the following questions for our judge panel:

1. Can an arrest warrant be issued in absence of an address, DOB and/or SSN? How would they identify the right person in the event of a traffic or other stops?

A "John Doe" warrant is extremely rare. They are issued occasionally when a serious case has a statute of limitations about to toll and/or there is SOMETHING to identify him in some way (DNA, fingerprint, photo etc.) and a compelling need for the warrant. It would almost certainly not be issued for a vandalism case.

2. If preliminary information about the identity of the suspect is available, but positive identification has not been made, would the judge issue a warrant.

In your case? Probably not. The statute of limitations could be between 1 and 3 years ... there would be no urgency to issue a warrant for a "John Doe" as there should be ample time to identify the suspect IF they can.

3. Can a suspect be summoned for identification by a witness? what is the due process for this?

I can't speak for NJ, but in my state this could be done by request, but is rarely done on a court order. I can imagine a few ways it might be possible, but I can't recall it ever being done.

More likely the police would show you a series of photos and ask you to identify the person who you saw honking at you before the window was broken.

But, as I have repeatedly said, this is not likely to result in a conviction unless he confesses or is caught in a lie about his actions or whereabouts at about the time of the crime.

- Carl

 

[TroyHills]

Thanks CdwJava. Regarding my first question, if the suspects name is John Brown, would a warrant in his name be issued, even if SSN and DOB are not available? I am sure this will inconvenience all John Browns in the area Thanks.

 

[seniorjudge]

A "John Doe" warrant is extremely rare. They are issued occasionally when a serious case has a statute of limitations about to toll and/or there is SOMETHING to identify him in some way (DNA, fingerprint, photo etc.) and a compelling need for the warrant. It would almost certainly not be issued for a vandalism case.


In your case? Probably not. The statute of limitations could be between 1 and 3 years ... there would be no urgency to issue a warrant for a "John Doe" as there should be ample time to identify the suspect IF they can.


I can't speak for NJ, but in my state this could be done by request, but is rarely done on a court order. I can imagine a few ways it might be possible, but I can't recall it ever being done.

More likely the police would show you a series of photos and ask you to identify the person who you saw honking at you before the window was broken.

But, as I have repeatedly said, this is not likely to result in a conviction unless he confesses or is caught in a lie about his actions or whereabouts at about the time of the crime.

- Carl

Carl, please do not encourage double posters.

Love, SJ.

https://forum.freeadvice.com/showthread.php?t=325498

 

[CdwJava]

Thanks CdwJava. Regarding my first question, if the suspects name is John Brown, would a warrant in his name be issued, even if SSN and DOB are not available? I am sure this will inconvenience all John Browns in the area Thanks.

It's always possible ... but, it would likely have to be a "John Doe" warrant as the name is really not definitive.

As I have explained before, this is NOT the crime of the century. The fact that the police are expending any effort at all to investigate this is exemplary. But, they are not going to push the envelope for a vandalism case.

Also - please continue this conversation on your original thread.

- Carl

 

[seniorjudge]

It's always possible ... but, it would likely have to be a "John Doe" warrant as the name is really not definitive.

As I have explained before, this is NOT the crime of the century. The fact that the police are expending any effort at all to investigate this is exemplary. But, they are not going to push the envelope for a vandalism case.

Also - please continue this conversation on your original thread.

- Carl

Thank you, officer.